Man, woman linked to Illinois attorney's slaying

A lawyer and a judge Friday linked a man and a woman to the police investigation into the slaying of Illinois attorney Gregory H. Clark.

Corina Curry and Isaac Guerrero

A lawyer and a judge Friday linked a man and a woman to the police investigation into the slaying of Illinois attorney Gregory H. Clark.

The pair, who shared a home in the 1100 block of Grant Avenue, Rockford, are being held in the Winnebago County Jail.

Richard E. Wanke, 46, whose mother described him as a self-employed computer repairman, and Diane Chavez, 49, a former worker in a legal office, made separate appearances in the Winnebago County Courthouse on Friday.

Wanke appeared before Judge John Truitt, who told Wanke that his bond on an unrelated burglary conviction had been revoked because the judge said he had been “made aware of certain information into the investigation of the murder of Greg Clark.”

After reviewing the information the judge “determined that (Wanke) may pose a risk to the community.”

Second courtroom

In another courtroom, Chavez appeared before Judge John Lowry on a charge of obstructing justice. Lowry asked her lawyer if the charge was related to Clark's death, and attorney John Palmer replied: “It is my understanding that it is.”

The charge against Chevez alleges that she destroyed, altered, concealed or disguised physical evidence, or planted false evidence. Neither Palmer nor Winnebago County Deputy State’s Attorney Margie O’Connor would say specifically how Chavez is alleged to have obstructed justice.

Wanke has not been charged in relation to the attorney’s slaying.

Chavez is being held on $500,000 bond. The crime, which Chavez allegedly committed Wednesday, is punishable by up to three years in prison.

Mother defends son

Wanke’s mother, Mary, defended her son during a telephone interview from her Florida home on Friday.

“He was the kid who was into art,” she said. “We lived with woods behind us ... when (Wanke) went into the woods, he came home with flowers and birds’ nests.”

She also believes he is innocent of the burlary charge.

“From what I understand, he was at his sister’s (when the burglary occurred) and nobody believed him,” she said.

She said she and Wanke’s father last saw their son when they visited Rockford for Christmas, and he seemed fine.

Chavez’s family declined comment.

‘Oversight’ by court

Assistant State’s Attorney Wendy Larson told Truitt that Wanke should have been jailed at the time of his burglary conviction in September.

“We believe that was an oversight of the court, and the court is correcting that,” she said.

Truitt shot back, saying, “This was not an oversight by the court. It is based on new information presented to the court on Wednesday.”

Police have released little information regarding its investigation into Clark’s death.

Clark was shot several times in the back Wednesday afternoon as he cleared snow from the sidewalk outside his home in the 1700 block of Oakforest Drive. Witnesses told police they saw a darkly clad gunman jump from a blue minivan before opening fire on Clark.

On Friday, police said that they found the blue minivan. It was unoccupied. Police would not say where it was found or who it belongs to.

Clark, a conflict attorney who took cases in which clients had conflicts of interest with the Winnebago County Public Defender’s office, represented Wanke at the burglary trial. He had been preparing to do the same at Wanke’s sentencing which had been set for Friday.

Instead, Wanke, bearded and wearing glasses, appeared by himself, his ankles and wrists shackled.

“As you are probably aware, your court-appointed attorney, Gregory Clark, was the victim of a homicide earlier this week,” Truitt told Wanke. “You have the right to an attorney to represent you in this case.”

Wanke told Truitt that he did not have the funds to hire an attorney and asked that Truitt appoint him an attorney from another county.

Making reference to what he’s read in newspapers and seen on televised newscasts the past two days, Wanke said he believed any attorney from Winnebago County would be prejudiced against him.

“This is all affecting us in different ways,” Wanke said. “I’ve been questioned about other burglaries and where I was when Greg Clark was killed.”

Truitt declined Wanke’s request and appointed attorney David Brown, another Winnebago County conflict attorney, to Wanke’s case.

Brown said he knew nothing about his new case or any connection that his new client may have to Clark’s death.

Wanke also questioned whether Truitt could be fair to him at sentencing now that he’s been told things by police about him and Clark’s homicide.

Wanke also asked to be released on his own recognizance. Truitt denied his request, asking that all motions be submitting in writing.

Whether Wanke has to go to prison for his burglary conviction remains up in the air.

Standard sentencing on a class 2 burglary charge is probation to three to seven years in prison, but prosecutors plan to argue for more.

Larson said Wanke’s most recent conviction, on top of a previous conviction for burglary in DeKalb County, may make him eligible for a harsher punishment — up to 14 years in prison.

Wanke and Chavez are due back in court for status hearings Feb. 13. Truitt said he intends to reschedule Wanke’s sentencing hearing at that time.

In Lowry’s courtroom, the judge said that he was an acquaintance of Clark’s, and that he wanted to disclose that for the record.

Three relatives of Chavez sat in the courtroom, but declined comment later. “The woman’s family is understandably concerned,” Palmer said.

Staff writers Sadie Gurman and Geri Nikolai contributed to this report.
Staff writer Corina Curry can be reached at 815 987-1395 or ccurry@rrstar.com.
Staff writer Isaac Guerrero can be reached at 815 987-1371 or iguerrero@rrstar.com

Burglary case against Richard Wanke

The burglary case against Richard Wanke has dragged on for more than two years.
He still has not been sentenced for the crime, although a jury found him guilty last September.

2006

Jan. 17: A warrant is issued for Wanke’s arrest, charging that Wanke entered the Rockford College office of Robert McCauley and stole a laptop computer. Wanke is charged with a Class 2 felony, and his bond is set at $75,000.

March 2: Wanke appears in court on the burglary charge. He is held in the Winnebago County Jail.

Nov. 30: Vidal grants Wanke’s request to have his bond amended. Wanke’s obligation to report to the day-reporting center is removed despite the state’s objection. The Dec.
4 jury trial date is canceled.

Dec. 21: Parties agree to continue the case for a hearing on Clark’s motion to suppress photo identification in the case because a witness is unavailable that day. Judge Ed Prochaska sets arguments for Jan. 24, 2007.

2007

Feb. 14: Case is set for jury trial May 7.

March 14: Clark’s request to be removed as Wanke’s attorney is denied. Prochaska orders Wanke to discuss his case with Clark.

April 18: The case is set for a possible plea-bargain hearing April 19.

April 19: Wanke declines the state’s plea deal.

May 7: Prochaska hears arguments from Clark and Wanke regarding a breakdown in communication. Prochaska orders Wanke to communicate with Clark and sets the jury trial for May 21.

June 27: Parties meet for status before Judge John Truitt.

Sept. 17: Jury selection begins.

Sept. 18: Opening statements are given, and the prosecution presents its case.

Sept. 19: Clark presents evidence and testimony on Wanke’s behalf. The jury returns with a guilty verdict. The prosecution asks the court to revoke Wanke’s bond and return him to jail pending sentencing. Clark argues that Wanke is not a flight risk. Truitt denies the state’s request. Sentencing is set for Nov. 5.

Nov. 5: Case comes before Truitt for sentencing. Clark asks the court for a new trial, listing several reasons, one of which reflects Wanke’s contention that Clark was an ineffective counsel. Truitt denies the ineffective counsel claim and denies Wanke’s motion for new trial. Wanke asks that the sentencing be continued so Clark can subpoena witnesses to testify on his behalf. Truitt postpones the sentencing hearing to Dec. 11.

Dec. 12: The courthouse was closed Dec. 11 because of a snow day. Wanke’s sentencing hearing is reset for Friday, Feb. 8.

2008

Feb. 8: Wanke appears before Truitt, who appoints a new lawyer, David Brown, to represent Wanke. A new status hearing on the burglary case is set for Feb. 13.

Judges on Richard Wanke’s burglary case

Richard Vidal

Vidal appointed Gregory Clark to serve as Richard Wanke’s court-appointed attorney in March 2006.

Also in March 2006, Vidal reduced Wanke’s $75,000 bond to $10,000.

In November 2006, Vidal granted Wanke’s request to have the conditions of his bond amended, removing Wanke’s obligation to report to the day-reporting center over the state’s objection.

Ed Prochaska

Prochaska took over the case in December 2006.

In February 2007, Prochaska denied Clark’s motion to suppress photographic identification in the case.

In March, Prochaska denied Clark’s request to withdraw as Wanke’s attorney and ordered Wanke to meet with Clark to discuss his case.

In May, Prochaska heard arguments from Clark and Wanke regarding a breakdown in communication. Prochaska again ordered Wanke to meet and communicate with Clark.

John Truitt

Truitt took over the case in May 2007.

In September, Truitt presided over Wanke’s trial, in which a jury found Wanke guilty. Prosecuting attorney Sheila Zerouali asked Truitt to revoke Wanke’s bond and keep him in jail until he is sentenced. Clark argued that Wanke is not a flight risk. Truitt denied Zerouali’s request to revoke Wanke’s bond and set sentencing for Nov. 5.

In November, Clark asked Truitt for a new trial for Wanke. He listed several reasons, including ineffective assistance of counsel. Truitt asked Wanke about that allegation but denied that there was ineffective assistance of counsel. He also denied Wanke’s motion for a new trial. He postponed the sentencing hearing to Dec. 11.

The courthouse closed for a snow day Dec. 11.

On Dec. 12, Clark, Truitt and Zerouali agreed to Feb. 8 as a new sentencing date.